Изображения страниц
PDF
EPUB

INDEX.

PAGE

Actions.
1. ON OOUNTY WARRANTS. A petition alleging the issue and non-payment

of a county warrant, without alleging that there is money in the
treasury for its payment, or that time is elapsed for the collection of
the money by taxation, will be dismissed without prejudice. Brewer
v. Otoe County..

878
See CONSTITUTION 4.

Agency.
1. There is no relation or agency between a party forwarding a written

request to counsel for his opinion, and another party by whom the
writing is transmitted. Jameson v. Butler .

116

2.

-: Continuance of the relation. When the relation of principal

and agent has once been established, it will be presumed to continue
until shown to have been dissolved. The Columbus Co. v. Hurford., 146

3.

-: How established. The relation of principal and agent may be

inferred by implication from the acts of the parties, as well as shown
by deeds, or informal writings, or verbal delegation....

id

4.

- as to corporations. This is equally true of the agents of
corporations ...

id

5.

-: Dealings of agent with principal. It is the duty of persons
holding confidential relations, of whatever nature, with others, to
put themselves on terms of perfect equality, by furnishing full, ex-
act and truthful information of all matters which enter into a nego-
tiation between them ....

id

6.

If they fail to do so, they are liable to lose the entire
advantage of the transaction..

id

7.

General allegations of having done so, made by the
agent, are insufficient It is his duty to inform the court precisely
of the information which he did impart to his principal, so that the
court may judge whether he has made a full and fair disclosure...

See COUNSEL's Opinion 1. CORPORATIONS 8.

Arbitrations.
1 FORM OF AWARD. An award of arbitrators must state the facts found

by them, and their conclusions of law separately. Murry v. Mills.. 466

Attachment.
1. Under the attachment law enacted in 1857, a bona fide purchaser of

lands for value will take the same, free of the lien of an attachment,
which has been levied thereon, unless an abstract of such attach-
ment be entered in the Register's office of the county. Adams 7.
Boulware,

170

[ocr errors]

2. SURRENDER OF ATTACHED PROPERTY : Charges. A defendant in an

attachment which has been dissolved, is entitled to the possession
of the property taken under the writ, without reimbursing the sheriff
what he, in order to obtain the property on the writ, paid to a car-
rier who had lien on it, nor what he has paid for the safe keeping of
it. Mc Ready v. Rogers ....

124
See SURETY 2, 3.

Attorney.
See AGENCY 1. CORPORATION 1.

Bonds.
1. Bonds OF COUNTY CLERKS: Assuming duties of clerks of district courts

The statute making county clerks, ex officio clerks of the District
Court in their respective counties, does not require of them bonds
in their character of court clerks, separate or additional to such as
they give as county clerks. The People v. McCallum..

182

2. Demand. If such additional bond were required, a county clerk

would not be excluded from performance of his duties as clerk of
the court, because he had neglected to give the additional bond,
unless demand that he do so were first made upon him in that be-
balf......

See Quo WARRANTO 1, 2.

...............

Caveat Emptor.
See EXECUTION TITLE.

[ocr errors]

Constitution.
TITLE OF BILLS. Section 19 of article 2 of the constitution, does not
require that the title of a bill shall contain an abstract of the bill,
nor set out the particulars of the amendment. The Legislature may
select its own title, although it may not be the most suitable or com-
prehensive. The People v. McCallum...

182

2. Recital of the provision amended. An act amendatory of a former stat-
ute need not recite the provision changed......

182

8. Mistake in such recital. If the former provision which is amended

be recited in the new enactment, and a mistake in such recital be
made, it does not render the new act void as in contravention of this
clause of the constitution....

id

4. ACT IMPAIRING THE OBLIGATION OF A CONTRACT. An act requiring

the holder of a county warrant, which is over due and which draws
ten per cent per annum interest, to present the same at the treasury,
and surrender it and take in its place bonds drawing interest at
seven per cent per annum, payable at a distant day, is unconstitu-
tional. Brewer v. Otoe County .

878
See ACTIONS 1. JURISDICTION 1, 2. Taxation 1, 4.

Contract.
1. The failure of a vendee of lands to perform the stipulations of the

contract on his part does not terminate the contract, but leaves it
optional with the vendor to adhere to or rescind it. Eaton v. Redick. 806

2. Rescission. The vendor, by selling the property to another, exercises

his option and rescinds the contract, and thereafter the parties stand
as if no contract subsisted between them ...

id

8. Recovery of amount paid. When the vendor, availing himself of the

vendee's default, elects to put an end to the contract, the vendee
may recover back the money he has paid in part performance, with
interest from the date of the rescission...

See CONSTITUTION 4. DAMAGES 1, 2.

EVIDENCE 2. LEx Loci CONTRACTUS 1.
SPECIFIC PERFORMANCE 1, 2, 9, 10, 11.
VENDOR 2, 4.

Conveyances.
1. ABSOLUTE CONVEYANCES to be construed as mortgages. A deed of real

estate, absolute on its face, given to secure the payment of a sum of
mouey, as between the parties, and all persons having knowledge of
the purpose for which it is given, must be construed as a mortgage.
Wilson v. Richards ....

849
See CORPORATIONS 2. PRE-EMPTIONS 14.

STATUTE OF LIMITATIONS 2.

......

Corporations.
1. POWER OF ATTORNEY. A resolution recorded at length on the journal

of the proceedings of a corporation, authorizing a party to negotiate

a loan for it, and execute a mortgage to secure the same, is suffi-
cient authority in that behalf. Cook v. Kuhn.....

..... 472

%. AVOIDING CONVEYANCE. A corporation which has enjoyed the fruits

of a loan, which it has authorized to be made, cannot avoid the se-
curity which its officer has given, until it has done equity by repay,
ing the money loaned ......

3. AOT OF MEMBERS. A corporation whose governing power is vested in

a board of directors, is not bound by the act of its stockholders.
The Columbus Company v. Hurford ....

..... 146

4 Dren. A deed executed in the name of the president of a corpora-
tion purporting to convey its lands, is inoperative. Zoller v. Ide.. 489

See AGENCY 2, 3, 4, 5, 6, 7. JURISDICTION 4.

Counsel's Opinion.
1 A written request to counsel for his deliberate legal opinion, justifies

him in preparing and forwarding such opinion in writing. Jameson
P. Butler

..... 116
See AGENCY 1.

County.
See ACTIONS 1. CONSTITUTION 4.

County Clerk.

See Bonds 1, 2.

Creditor's Bill.
1. The judgident creditor may reach the unpaid purchase money by
creditor'e bill. Filley v. Duncan.. ..

..... 184
See FRAUD 1.

Criminal Law.
See LARCENY 1. PRACTICE 12.

PRACTICE IN CRIMINAL CASES 13, 14, 15

Damages.
1. Damages for breach of a contract for machinery, sustained by reason

of furnishing imperfect articles, cannot be shown by proof of what the
party to whom the same were furnished actually paid for replacing
them with such as the contract required. Holmes v. Boydston..... 848

2.

The true rule is, the difference between the value of

the machinery furnished and what it would cost to replace the same
with such as was demanded by the contract.....

846
See CONTRACT 3. EVIDENCE 2, 3. OFFICER 2.

REPLEVIN 2, 3. SURETY 3.

Deed.
See CONVEYANCES 1. CORPORATION 4.

Derivative Titles.
t. Although it may be true as an abstract proposition that a derivative

title cannot be better than that from which it is derived, yet there
are many necessary exceptions to the operation of the rule. Mc-
Ausland v. Pundt..

211

Estoppel.
1. ESTOPPELS must be reciprocal. Towsley v. Johnson

See NIEL TIEL CORPORATION 1.

95

Evidence,
1. VERDIOT. A verdict of a jury in one case, in order to operate an

abatement of another, must have been recovered for the identical
cause of action and between the same parties. McReady v. Rogers. 124

2. The owners of a mill, in their contract for the erection therein of the

machinery, agreed to have their building ready for setting the same
up by a certain day, and the parties furnishing the machinery agreed
to have it up by a day also limited. The owners not being ready
when they were required to be, and thereby greatly delaying the
work of putting the machinery in, were not permitted to show what
their mill would have earned from the time the machinery was to
be in, had it then been ready to run. Holmes v.

Boydston......... 346

8.

-: The value of services cannot be shown by proof of what was paid
therefor, but only by proof of what they are worth................

4. REBUTTING INCOMPETENT EVIDENCE. Competent evidence may be

received on behalf of one party, to rebut incompetent evidence in-
troduced by the other party without objection. McCartney v. The
Territory..

121

id

........

[ocr errors]

But incompetent testimony cannot be admitted to rebut incom-
petent testimony..

See AGENCY 3. DAMAGES 1, 2. PRACTICE 8, a, c, 13, 8.

PRACTICE IN CRIMINAL CASES 6. RES ADJUDICATA 3
SPECIFIO PERFORMANCE 1.

« ПредыдущаяПродолжить »